Accidents and injuries can occur unexpectedly, leaving victims with physical, emotional, and financial burdens. If you’re a resident of Ontario County, New York, and have suffered injuries due to someone else’s negligence, understanding the legal process for personal injury claims is essential. This article aims to shed light on the key aspects of New York State laws pertaining to personal injury claims in Ontario County.
Statute of Limitations
One crucial aspect of filing a personal injury claim is understanding the statute of limitations. In New York State, the statute of limitations for most personal injury claims, including motor vehicle accidents, slip and falls, and medical malpractice, is three years from the date of the accident or incident that caused the injury. It is vital to be aware of this time limitation, as failing to file a claim within the stipulated time frame may bar you from seeking compensation.
Comparative Fault Rule
New York follows a comparative fault rule, which means that even if you are partially responsible for the accident that caused your injuries, you may still be eligible for compensation. However, the amount of compensation you receive may be reduced based on your percentage of fault. For instance, if the court determines you are 20% at fault for the accident, your awarded compensation will be reduced by 20%.
No-Fault Car Insurance System
In New York, automobile accidents are governed by a no-fault insurance system. This system requires that your initial medical expenses and other economic losses be covered by your own insurance, regardless of who was at fault for the accident. However, there are certain exceptions to this rule, such as cases involving severe injuries that surpass the “serious injury” threshold set by the state.
Serious Injury Threshold
New York State has specific criteria to determine whether an injury is considered “serious” under the no-fault insurance system. These criteria include but are not limited to:
Fractured bones
Loss of a fetus
Permanent limitation of use of a body organ or member
Permanent consequential limitation of use of a body organ or member
Significant disfigurement
Full disability for 90 days within the 180 days following the accident.
It’s crucial to consult an experienced personal injury attorney to assess whether your injuries meet the serious injury threshold and if you can pursue a claim outside the no-fault system.
Caps on Non-Economic Damages
New York State places a cap on non-economic damages, such as pain and suffering, in personal injury cases. As of my last knowledge update in September 2021, this cap is around $500,000 for most cases. However, there are exceptions to this cap for cases involving severe injuries, such as wrongful death or cases of medical malpractice.
Importance of Seeking Legal Representation
Navigating the legal complexities of personal injury claims can be overwhelming, especially when dealing with injuries and medical treatment. Consulting a skilled personal injury attorney who is familiar with New York State laws and has experience in Ontario County can greatly improve your chances of obtaining fair compensation for your damages.
Understanding the intricacies of New York State laws regarding personal injury claims is crucial for residents of Ontario County seeking compensation after an accident or injury. Being aware of the statute of limitations, the comparative fault rule, the no-fault insurance system, the serious injury threshold, and the caps on non-economic damages will help you navigate the legal process more effectively. For the best results, it is advisable to seek the guidance of an experienced personal injury attorney who can advocate for your rights and ensure you receive the compensation you deserve.
How can Friedman & Ranzenhofer, PC Rochester help you if you have been in a personal injury accident in Ontario County
At Friedman & Ranzenhofer, PC, our dedicated team of experienced personal injury attorneys is here to support and advocate for you if you have been involved in a personal injury accident in Ontario County. We understand the physical, emotional, and financial challenges you may be facing, and we are committed to helping you obtain the compensation you deserve for your injuries and losses.
Here’s how we can assist you during this difficult time
Free Consultation: We offer a complimentary initial consultation where we will listen to the details of your accident and injuries. This allows us to assess the merits of your case and provide you with a clear understanding of your legal options moving forward.
Thorough Investigation: Our skilled legal team will conduct a comprehensive investigation into the circumstances surrounding your accident. We will gather evidence, interview witnesses, review medical records, and work with authorities to establish liability and build a strong case on your behalf.
Legal Guidance: Navigating the complexities of personal injury law can be overwhelming, especially while dealing with injuries. We will guide you through the entire legal process, explaining your rights, answering your questions, and ensuring you are informed and confident at every stage.
Negotiations with Insurance Companies: Dealing with insurance companies can be challenging, as they often seek to minimize payouts. Our experienced negotiators will handle all communication with the insurance companies, advocating for your best interests and striving to reach a fair settlement that fully compensates you for your damages.
Pursuing Maximum Compensation: Our goal is to secure the maximum compensation available for your case. This includes seeking damages for medical expenses, lost wages, pain and suffering, emotional distress, and any other losses you have endured due to the accident.
Trial Representation: While we aim to settle cases amicably, we are prepared to take your case to trial if necessary. With our skilled litigators by your side, you can rest assured that we will fight vigorously in the courtroom to protect your rights and seek justice on your behalf.
No-Fee Guarantee: We understand the financial strain that can result from a personal injury accident. As such, we work on a contingency fee basis, meaning you won’t owe us any legal fees unless we successfully recover compensation for you.
Compassionate Support: At Friedman & Ranzenhofer, PC, we genuinely care about our clients. We understand the emotional toll of a personal injury, and we are here to provide compassionate support throughout the entire process.
If you have been injured in a personal injury accident in Ontario County, don’t hesitate to contact us. Our experienced team is ready to stand by your side, fight for your rights, and pursue the compensation you deserve. Let us handle the legal complexities while you focus on healing and moving forward with your life. Schedule your free consultation today, and let us be your trusted advocates in this challenging time.